Adjudication-v- Litigation

The following case demonstrates the benefits of avoiding litigation at all costs

if the case had gone thought the traditional route say with counsel and solicitors appointed by both sides and then the usual disclosure, case management hearings, and hearing before a judge the parties would have been exposed to several years of delay and costs estimated to be £200,000 plus

Mr & Mrs E Husein v Mr S Dassu (2107) Adjudication, N. A. Dight

Philip Antino acted for the respondent (Dassu) in this building dispute. The referring party (Husein) engaged the respondent to undertake significant building works to their property with a final contract sum of £138,004 plus vat. A dispute arose, the respondent made allegations of poor workmanship alluded to in a report prepared by Mr Campbell of Land Commercial Chartered Surveyors.

N.A .Dight was the adjudictaor appointed to resolve the dispute, recorded “I agree with Mr Antino’s opinion that Mr Campbells report is akin to a snagging report rather than an experts report identifying by factual evidence and expert opinion alleged defects” Mr Antino’s report had identified minor snagging items and incomplete works estimated at £6876 by way of abatement. The referring party rejected this opinion and sought £100,000. The adjudicator dismissed the claim accepting again Mr Antino’s evidence and awarded after adjustments the referring party pay to the respondent a final payment of £15,078.00. in addition the referring party were ordered to pay theadjudicators costs of paid the costs£12,602.88. From anticipating a windfall of £100,000, the Referring party (Hussein) ended up paying £28,000 plus their own costs.